TERMS AND CONDITIONS OF MERCK web-prediabetes.onrender.com WEBSITE

This Website (the “Website”) is provided by Merck___., domiciled at Merck S.A. (hereinafter “MERCK”), a subsidiary company that forms part of the divisions, subsidiary companies and/or affiliates or groups at a global level of Merck KGaA, with registered offices in Darmstadt, Germany (hereinafter the “Merck Group”).

Given that uses, products, legal requirements and/or regulatory frameworks may vary significantly from country to country, all content available on the Website is intended exclusively for residents of Central America and Caribe who have reached the legal age of majority in accordance with the laws of this country.

For the purposes of these Terms and Conditions, a “User” shall mean any individual who uses a device or computer and carries out multiple operations for different purposes. If the User is not of legal age or does not have the legal authorizations and legal capacity required to access and use the data and information (collectively, the “Content”) and services available on the Website, such User must refrain from using it, leave the Website, and not access its functionalities. Access to the services and Content by minors is the sole responsibility of their parents, legal guardians, or adults who have them under their care.The Website and MERCK expressly disclaim any responsibility for verifying or validating compliance with the foregoing requirements.

The information contained on the Website is provided exclusively for general informational purposes and does not constitute medical advice nor replace any form of professional consultation. MERCK recommends that all Users consult their physician in the event of any questions or concerns. MERCK shall not be liable for any action taken by any individual or entity based on or in consideration of the information provided on this Website.

IT IS THE USER’S OBLIGATION TO READ THESE TERMS AND CONDITIONS PRIOR TO DOWNLOADING OR ACCESSING THE WEBSITE. ACCORDINGLY, THE USER ACKNOWLEDGES HAVING FULL KNOWLEDGE AND UNDERSTANDING OF THIS DOCUMENT AND AGREES THAT, BY CLICKING THE “I AGREE” BUTTON, THE USER ACCEPTS AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS WEBSITE. FAILURE TO ACCEPT THESE TERMS AND CONDITIONS SHALL MEAN THAT THE USER MAY NOT USE THE WEBSITE. IF THE USER CHOOSES NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS, THE USER MUST REFRAIN FROM USING THE CONTENT AND EXIT THIS SCREEN. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION RELATED TO ANY CONTENT INCLUDED ON THIS WEBSITE, THE USER SHOULD CONSULT A QUALIFIED DOCTOR.

WEBSITE DESCRIPTION

These Terms and Conditions govern the User’s use of the Website, including, by way of example and without limitation, the use of all content such as text, information, images and audio, integrated software, databases, support tools, and other related materials.

The Website, the software, the information, functions, and services available on or through the Website are collectively referred to herein as the “Service.” Unless expressly stated otherwise, any new features or services that enhance or improve the Service in the future shall be deemed part of the Service and shall be subject to these Terms and Conditions.

LANGUAGUE

Certain portions of the Content may not be available in the User’s language; however, these Terms and Conditions are drafted in English, and their interpretation shall be governed by the literal wording of the English version.

INTERNET ACCESS REQUIRED

To access the Service through a cellular data connection on a portable device, the User will require a data plan provided by their wireless service provider. To access the Service via a Wi‑Fi or Internet connection, the User must have a compatible device, software and browser, as well as Internet access. The User should verify with their service provider whether any associated costs apply. The User shall be solely responsible for any costs or expenses incurred in accessing the Service through any wireless or other communications service.

The content and services of the Website require software that may be downloaded. Such software may be automatically updated on the User’s device whenever new versions or features become available.

Provided that the User complies with these Terms, MERCK grants a limited, non‑exclusive, non‑transferable and revocable license to use the software solely for the purpose of accessing the content and services. The User may not copy, modify, distribute, sell or lease any part of the services or the included software, nor may the User perform reverse engineering, decompile it or attempt to extract the source code of such software.

The content and services provided through the Website may not be used by the User in an improper manner or for unlawful purposes or effects, or in violation of this license, the service conditions, applicable law, morality or public order, including, without limitation, applicable restrictions related to copyright and other intellectual property rights. The User may use the content and services only if authorized by the respective rights holder or as permitted by law. These Terms do not grant the User the right to sell or copy the licensed software or to use any trademarks or logos included in the content and services, which the User acknowledges are the property of MERCK.

The User undertakes not to use the services and content in any manner that could damage, disable, overburden or impair the Website. Use of the Website’s content and services does not grant the User ownership of any intellectual property rights or rights to the content accessed.

If the User is provided with a user identification code, password or any other information as part of the security procedures, the User must treat such information as confidential and must not disclose it to any third party. MERCK reserves the right, at any time, to disable any user identification code or password, whether chosen by the User or assigned by MERCK, if, in MERCK’s reasonable opinion, the User has failed to comply with any provision of these Terms.

The User is responsible for making all arrangements necessary to access the Website and must keep their account credentials confidential and must not authorize any other person to access or use the Service on their behalf. The User is responsible for all activities carried out under their service account.

In order to use the Website, the User may be required to access the World Wide Web (the Internet), either directly or through devices that provide access to web‑based content, and may be required to pay fees associated with such access. The User must also provide all equipment necessary to establish such connection to the Internet.

MERCK does not claim ownership over any data or information provided by the User through the Service. Such content remains the property of the User. Likewise, MERCK does not control, verify or endorse the content made available by the User or by other users through the Service.

The User controls who may access their content, together with any co‑custodians. The User agrees to comply with the Privacy Policies of this Website. However, if the User shares content belonging to third parties, the User must ensure that they have obtained the formal and express consent required under the applicable laws of the relevant country. In the event that the User violates the rights of third parties, including privacy rights, the User acknowledges that such conduct constitutes a breach of these Terms and agrees to indemnify, defend and hold harmless MERCK, its respective officers, employees and suppliers from and against any claims or demands, including reasonable attorneys’ fees, made by any third party arising out of or allegedly resulting from the User’s use of the Website, breach of these Terms, or violation of any third‑party rights.

MERCK may remove User content from the Service at any time if the User breaches these Terms. The User acknowledges that MERCK may terminate the Service at any time at its sole discretion and may permanently remove content from its servers. MERCK shall have no obligation to make content available to the User after termination of the Service and may retain such content permanently or delete it after a certain period of time. Once deleted, content may be irretrievable. Any digital and/or printed copies of content made by the User through this Service must be stored on the User’s own systems and equipment and are made at the User’s own risk and responsibility.

Except where required by a court order or a mandate issued by a competent authority of the relevant country, MERCK shall have no obligation to return User content after termination of the Service. If the User decides to retain any content made available through this Service, the User must store a copy on their own system.

SOFTWARE DOWNLOAD

The User must ensure that they have appropriate antivirus protection and the necessary technical and system requirements to access and/or download any content from the Website.

VIRUSES, HACKING AND OTHER OFFENSES

The User must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The User must not attempt to gain unauthorized access to MERCK’s Website, the server on which the Website is stored, or any server, computer or database connected to the Website. The User must not attack the Website through a denial‑of‑service attack.

No part of the Website may be reproduced, transmitted or stored on any other website or in any other form of electronic retrieval system.

By breaching this provision, the User may be committing a criminal offense, and MERCK reserves the right to take legal action against any responsible party. In the event of such a breach, the User’s right to use the Service shall immediately cease.

MERCK shall not be liable for any loss or damage caused by a denial‑of‑service attack, viruses or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the Service or due to the downloading of any material posted on it or on any website linked to it.

THIRD PARTY – TERM

MERCK reserves the right to modify any part of the Website or this legal notice at any time and without prior notice to any natural or legal person. Such modifications shall take effect immediately. Likewise, and as stated above, MERCK is under no obligation to keep the Website up to date.

At MERCK’s sole discretion, these Terms may be amended without providing notice to the User, unless otherwise required by applicable local law. Accordingly, Users are encouraged to review these Terms each time they use the Website. The User may not use the Website in any unauthorized manner that could interfere with another person’s use of the Website or attempt to gain unauthorized access to any service, data, account or network.

By continuing to access and use the Website after any modification to these Terms, the User agrees to be bound by such modifications. Additionally, when using specific services or features of MERCK on the Website, the User shall be subject to any guidelines, rules, terms and conditions applicable to such services or features, as published from time to time.

MERCK may change and/or improve its services and may therefore add or remove certain features or functionalities, or temporarily or permanently suspend or discontinue a service, with or without prior notice.

MERCK may suspend or terminate the User’s access to content or services if the User fails to comply with these Terms or uses the services in a manner that may create legal liability for MERCK, disrupt the services or interfere with other users’ use of the services.

The User may stop using the services at any time.

MERCK may cease providing the services or impose new or additional limitations at any time.

If MERCK discontinues a service, where reasonably practicable, it will provide advance notice and allow the User to retrieve information from the service.

Whether or not expressly acknowledged, all trademarks, service marks and logos displayed on this Website are the property of MERCK, its promotional partners or other third parties.

MERCK does not interfere with, make decisions regarding, or guarantee the relationships or interactions that Users may establish with third parties that advertise and/or promote their products or services. Such third‑party trademarks are used solely to identify the products and services of their respective owners, and no sponsorship or endorsement by MERCK shall be inferred from the use of such trademarks.

CHANGES TO THE WEB SITE

MERCK reserves the right to modify any part of the Website or this legal notice at any time and without prior notice to any natural or legal person. Any such modifications shall take effect immediately. Likewise, and in accordance with the foregoing, MERCK is under no obligation to keep the Website updated.

At MERCK’s sole discretion, the Terms may be amended without providing notice to the User, unless otherwise required by applicable local law. Accordingly, Users are encouraged to review the Terms each time they access or use the Website. The User may not use the Website in any unauthorized manner that interferes with another person’s use of the Website, nor attempt to gain unauthorized access to any service, data, account or network.

By continuing to access and use the Website after any modification to the Terms, the User agrees to be bound by such modifications. Likewise, when the User accesses or uses specific MERCK services or features available through the Website, the User shall be subject to any guidelines, rules, terms and conditions applicable to such services or features, as published from time to time.

MERCK may change and/or improve its services and may therefore add or remove certain features or functionalities, or temporarily or permanently suspend or discontinue a service, with or without prior notice.

MERCK may suspend or terminate the User’s use of the content or services if the User fails to comply with these Terms or uses the services in a manner that may create legal liability for MERCK, disrupt the services or interfere with other users’ use of the services.

The User may stop using the services at any time.

MERCK may discontinue providing the services or impose new or additional limitations at any time.

If MERCK discontinues a service, where reasonably practicable, the User will be informed in advance and allowed to retrieve information from the service.

Whether or not explicitly stated, all trademarks, service marks and logos displayed on this Website are the property of MERCK, its promotional partners or other third parties.

MERCK does not interfere with, make decisions regarding, or guarantee the relationships or interactions that Users may establish with third parties who advertise and/or promote their products and services. Such third‑party trademarks are used solely to identify the products and services of their respective owners, and no sponsorship or endorsement by MERCK shall be inferred from the use of such trademarks.

DISCLAIMER OF MERCK´S LIABILITY

The User agrees that neither MERCK nor any member of the Merck Group shall be liable for any damage, claim or complaint related to this Website (whether arising from its use, its content, or any event in any way connected with the Website). This protection applies to claims based on warranty, contract, tort, strict liability or any other legal theory. This protection extends to MERCK, its affiliates, and their respective officers, directors, employees, representatives and suppliers of MERCK’s parent company and third parties related to MERCK and its affiliates.

This protection covers all losses, including, without limitation, direct or indirect damages, special, incidental, consequential, exemplary and punitive damages, personal injury or death due to negligence, loss of profits, or damages resulting from loss of data or business interruption.

The information provided on this Website is intended for general informational purposes only. While MERCK endeavors to provide accurate and up‑to‑date information on this Website, it is not in a position to verify the accuracy, completeness or timeliness of such information. As errors may occur, MERCK MAKES NO WARRANTIES regarding the accuracy, reliability, fitness for any particular purpose, or completeness of any information published on this Website. MERCK PROVIDES THE INFORMATION “AS IS” AND “AS AVAILABLE,” AND BY ACCEPTING THESE TERMS, THE USER EXPRESSLY WAIVES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

The content is provided for informational purposes only. Although reasonable precautions have been taken in compiling and maintaining the content, MERCK shall not be liable for any action taken by any individual or organization, wherever located, directly or indirectly as a result of the services or content included in or accessed through this Website. Nothing contained in this Service shall be construed as providing medical advice or as a medical recommendation.

NEITHER MERCK NOR ANY OF ITS AFFILIATES PRACTICE MEDICINE OR PROVIDE MEDICAL SERVICES OR ADVICE. The Service available on this Website is not intended to replace professional medical advice. USE OF ANY SERVICE OBTAINED OR DOWNLOADED FROM THIS WEBSITE IS SOLELY AT THE USER’S OWN DISCRETION AND RISK. The availability and content of the Service may vary by country.

MERCK assumes no responsibility for any delay, interruption, performance failure, non‑performance, infection or corruption of any data or other information transmitted in connection with the use of this Website or the Service. By using this Website, the User acknowledges that information may be transmitted through local exchanges, inter‑exchange carriers, Internet backbone lines, and through routers, switches and other devices owned, maintained and serviced by third‑party telecommunications companies, utility providers, Internet service providers and others, all of which are beyond the control and jurisdiction of MERCK, its affiliates and their respective suppliers.

Any violation by the User of these Terms of Use, or any complaint or information received by MERCK from third parties regarding a breach, abuse or misuse thereof, may be investigated by MERCK. MERCK may take all necessary measures and initiate any legal or extrajudicial actions to stop such conduct or seek any remedies or compensation available under applicable law. Violation of these Terms of Use may result in civil or criminal liability. If the User is unsure whether their actions regarding access to or use of the services and content constitute a violation or abuse, the User is encouraged to contact MERCK in advance. MERCK will review and respond to such inquiries.

USER RESPONSABILITIES

The User agrees that access to the services and content is carried out independently, under the User’s sole responsibility, and through secure equipment and connections. By accessing the Website, the User acknowledges that any information obtained or downloaded through the Website is done at the User’s own discretion and risk.

The User shall be the sole party responsible for any access to and use of this Website, its content and the information contained therein, whether such use is made intentionally or unintentionally, with or without the User’s knowledge or consent.

The Website is made available exclusively for the User’s personal use and not for commercial purposes. The User acknowledges that the submission of personal information, as well as the data made available through the Website, is carried out voluntarily.

Given that this Website may be accessed from different countries, the User is responsible for complying with the laws and regulations of the country in which the User is located, including, in particular, the regulations applicable to the handling of digital health information in the User’s country of residence, hereby releasing MERCK from any liability in this regard. The User is responsible for verifying that use of the Website does not violate any applicable legal provision in the User’s country of residence.

The User undertakes to use the Website and its content in a diligent, lawful, proper and responsible manner and, in particular, agrees NOT to engage in the following conduct:

(a) Use the content in a manner, for purposes or with effects that are unlawful, immoral, contrary to generally accepted good customs or public order;

(b) Reproduce, copy, display, use, distribute, transform or modify the Website content, in whole or in part, by any means or on any medium, or allow public access through any form of public communication;

(c) Use the content in a manner that poses a risk of damage to or impairment of the Website or the content;

(d) Remove, circumvent or manipulate copyright notices or other identifiers of intellectual property rights incorporated in the content, as well as technical protection devices or any information mechanisms associated with the content;

(e) Use the content, and in particular any information obtained through the Website, to distribute, transmit, send, modify, reuse or report advertising or content for direct sales purposes or any other commercial purpose, including unsolicited messages addressed to multiple recipients, or to commercialize or disclose such information in any manner; to rent, lease, sell, sublicense, assign, reverse engineer, decompile, disassemble, modify, lend, distribute, export or otherwise transfer, or permit others to use the Website, its technology or other information, including printed materials, or to create derivative works therefrom, or otherwise use, download or export the Website in violation of applicable laws or regulations;

(f) Allow third parties not authorized by the User to access or use the mobile Website using the User’s credentials;

(g) Use the Website or content for lawful or unlawful purposes contrary to these Terms and Conditions or the intended use of the Website, that infringe the rights or interests of third parties, or that may damage, disable, overload or impair the Website or its content, or prevent normal use or enjoyment thereof by other users;

(h) PROHIBITED USES OF THE APPLICATION: The User agrees not to resell the Application, its use or access thereto. The User further agrees not to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any component of the Application.

The User acknowledges that any information entered through the Website is the sole responsibility of the User and/or of any person authorized by the User, and that all data provided is accurate and truthful. The User assumes responsibility for promptly updating basic information, including changes in address, phone number, company, email address and any other required data.

The User is responsible for their conduct and files. Content and services may be protected by the intellectual property rights of third parties. The User must not copy, upload, download or share content unless legally authorized to do so.

The User acknowledges and accepts that the Website requires and uses telephone services, data access or the capability to transmit messages, and that the Website is not responsible for the availability or unavailability of such services. Accordingly, the User’s mobile service provider may charge fees for telephone usage, data access or text messaging, and the User shall be solely responsible for payment of such charges.

The User must comply with all applicable laws and regulations governing the use of mobile phones and other devices in any city or location where such devices are used.

The User is prohibited from removing, concealing or altering any legal notices displayed in the services or content to which the User has access.

The Website may analyze User behavior and content to verify compliance with these Terms; however, it is under no obligation to do so. MERCK is not responsible for content posted or shared by users through the services.

Accordingly, neither MERCK nor its authors shall be liable for the understanding, interpretation and/or use of such content by users and/or medical users, and its use shall be exclusively at the User’s own responsibility and that of any person accessing such content.

Links to Facebook®, Instagram® and Twitter® available on this Website may redirect to content that is not under MERCK’s control. Although this Website endeavors to provide links only to third‑party sites and applications that comply with applicable laws and regulations, the User acknowledges that MERCK has no control over the nature or content of such sites and does not recommend such sites, the information they contain, or the products or services offered by third parties.

MERCK accepts no responsibility for the content of any third‑party website linked via hyperlink from this Website and provides no warranties, whether express or implied, regarding the content of information on such sites. The User is encouraged to review the legal notices and privacy policies of other MERCK websites or third‑party websites to which links are provided.

MERCK shall not be liable for any direct, indirect or consequential loss or damage arising from the use of any third‑party website.

INTELECTUAL PROPERTY

The User acknowledges that: (a) the Website contains proprietary and confidential information that is protected by intellectual property laws and other applicable laws; and (b) MERCK and/or the Merck Group and/or third parties own all right, title and interest in and to the Website and the software provided through or in connection with the Website, including, by way of example and without limitation, all relevant Intellectual Property Rights.

“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark

law, unfair competition law and any other proprietary rights, as well as any and all applications, renewals, extensions and restorations thereof, whether now or hereafter in force worldwide with respect to the Website.

The User agrees that the User shall not, nor permit any third party to:(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works of, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the Website, except as otherwise expressly permitted;(ii) take any action to circumvent, disable or interfere with security features or content usage rules that are provided, displayed or enforced for any functionality (including, without limitation, digital rights management functionality) included in the Website;(iii) use the Website to access, copy, transfer, transcode or retransmit content in violation of any applicable law or thirdparty rights; or(iv) remove, obscure or alter any copyright notices of Merck or any third party, trademarks or other proprietary rights notices affixed to or accessed through or in connection with the Website.

ASSIGNMENT

El Usuario no puede ceder ni transferir sus derechos contraídos por este Contrato sin el consentimiento previo por escrito de MERCK. puede ceder todos los derechos y responsabilidades contraídas por este Contrato a una subsidiaria, afiliada o sucesor, de todo o de una parte substancial de su negocio y activos sin su consentimiento. Sujeto a lo anterior, este Contrato pasará a beneficio de y será obligatorio para los sucesores y cesionarios permitidos de las partes.

JURISDICTION AND APPLICABLE LAW

This Agreement shall be governed by the laws of Guatemala, regardless of its conflict of law principles.If a court of competent jurisdiction determines that any provision of this Agreement is invalid, such provision shall be reformed to the extent possible to reflect the parties’ original intent, and all other provisions shall remain in full force and effect.Any controversy, claim, or dispute arising out of or related to the performance, drafting, interpretation, or execution of this Agreement, including disputes regarding the scope of this clause, shall be resolved through good faith negotiations between the parties. If such efforts are unsuccessful, all such controversies, claims, or disputes shall be resolved by the ordinary courts located in Guatemala

WAIVER AND NOTICE

The information contained on this Website, including, but not limited to, clinical references, images, tools, and other related items, is intended to be used as a reference resource and not as a comprehensive reference. While care has been taken to verify the accuracy of the information presented and to describe generally accepted practices, MERCK and its respective licensors, authors, proofreaders, reviewers, contributors, and editors are not responsible for errors or omissions or for any consequences arising from the information contained on the Website and make no express or implied representations regarding the timeliness, completeness, or accuracy of the Website’s content. It is the licensee’s responsibility to apply this information to any particular situation. MERCK does not endorse and is not responsible for the accuracy of content from sources outside of MERCK or practices or standards from sources not affiliated with MERCK.

TERM AND TERMINATION

These terms and conditions shall remain in effect indefinitely until MERCK decides to suspend or terminate the campaign. MERCK may terminate these terms at any time. Upon termination, the User shall cease using and permanently delete or uninstall all copies of the Website in its entirety. If the User fails to comply with any term of this license, the rights granted to the User under this license shall automatically terminate without notice from MERCK.

MERCK informs that the statistical data collected will be retained for up to five (5) years after the eventual deactivation of the Website.

In the event that a User breaches these Terms and Conditions, or any other provisions related to the Website, MERCK may suspend their access to the Website. The User agrees to access and use the Website in compliance with all applicable laws and regulations, including, but not limited to, state and federal laws and regulations. The User also agrees not to use the Website for any illegal or unlawful purpose.

This Agreement constitutes the final, exclusive, and complete agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, between the parties.

MERCK’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

USER AGREEMENT

The User hereby declares and guarantees that they will be legally bound by this Agreement once they download, install, and/or use the Website.